Region 6 News Release: USDL-OSHA-00-63-5-19
Fri., May 19, 2000
Contact: Diana Petterson
PHONE: (214) 767-4776, ext. 222
OSHA PROPOSES $103,000 PENALTY AGAINST
CONSTRUCTION CO. IN TEXAS
The federal Occupational Safety and Health Administration has
a Construction Co., Inc. in Texas, with
four alleged safety and health violations and proposed penalties
of $103,000, announced the U.S. Department of Labor.
The Construction employs about 200 workers
and has had two previous OSHA inspections. No citations were
issued at the last inspection, which was conducted in September
of 1997.
The alleged violations were discovered during an inspection
that took place on Nov. 22, 1999 when the Fire Department
rescued an employee who had been engulfed by a trench cave-in.
The Construction Co. was cited for two willful and two
serious violations.
The two willful citations allege that the employer failed to
provide employee protection by not keeping and using excavated
material at least 2-feet from the edge of the excavation, or by
suing retaining devices. The second willful citation involves a
grouping of two violations, one dealing with a competent person
who did not take corrective action nor removed his employees
from the hazard and second, the employer’s failure to provide
cave-in protection for employees working in a trench. A willful
violation is defined as a violation in which the employer knew
that a hazardous condition existed but made no reasonable effort
to eliminate it and in which the hazardous condition violated a
standard, regulation or the OSHA Act.
The two serious citations included failure to provide a safe
means of egress and use of a portable step ladder for egress
purposes. A serious violation is one in which there is a
substantial probability that death or serious physical harm
could result and the employer knew or should have known of the
hazard.
The Lubbock OSHA office has developed a local emphasis
program to address unsafe construction work sites. OSHA
dedicates significant resources to address the safety and health
concerns in the construction industry.
Employers and employees with questions regarding workplace
safety and health standards can call the nearest OSHA office.
OSHA’s toll-free hotline may be used to report workplace
accidents, fatalities, or situations posing imminent danger to
workers. The number is - (800) 321-6742.
The Construction Company has 15 working days, from receipt of the citations
to comply, request an informal hearing with the Lubbock Area
Director, or to contest the citations and penalties before the
independent Occupational Safety and Health Review Commission.
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